Success Story: Win For Small Family Business

Workforce Guardian's HR Consulting
Team has a strong record of success in representing and
defending employers in unfair dismissal, general protections,
discrimination and bullying claims over many years. Below is a
recent success story for one of our clients.

THEPROBLEM

Workforce Guardian recently helped a small family business in
the agriculture industry to successfully defend a general protections
claim.

The business was facing some tough financial times and
unfortunately had to lay off a full time farm hand. The staff
member was offered casual employment and did continue to perform
work on a casual basis for the business. The employee lodged a
general protections claim with the Fair Work Commission, claiming
that he was not consulted regarding the proposed redundancy in
accordance with the requirements of the applicable Modern Award.
The employee also disputed his eligibility to redundancy pay, the
quantum of his long service leave pay and claimed that
superannuation had not been paid appropriately.

THE SOLUTION

Workforce Guardian represented the business in the conciliation
before the Fair Work Commission, and settled all claims, including
those that were technically beyond matters that can be dealt with
in a general protections
claim. The negotiated outcome left the business confident that
they had treated the employee lawfully in trying circumstances. The
settlement also barred any further claims in relation to this
employee's employment and ensured that the business would not be
penalised.